A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who works as an employee in Mapo-gu Seoul Metropolitan Government Eel.

On February 25, 2018, the Defendant, while working in the above Mosel around 02:20 on February 25, 2018, went to the 205 room after working for the victim F (the 23 years old age), paying accommodation expenses, and she went to the 205 room. The Defendant was willing to commit an indecent act against the drunk victim by entering the above guest room.

이에 피고인은 모텔 CCTV 전원을 끄고 보관 중이 던 마스터키를 이용하여 205 호실의 시정된 문을 열고 안으로 들어가, 술에 만취하여 침대에서 자고 있던 피해자의 옆에 누워 피해자를 두 팔로 껴안고, 피해자의 옷 속에 손을 집어넣어 가슴과 엉덩이를 만지고, 입으로 피해자의 가슴과 등을 핥았다.

Accordingly, the defendant invadeds on the room possessed by the victim, and commits an indecent act against the victim by using the victim's resistance impossible condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Application of investigation reports (the major pages of CCTVs), closures, investigation reports (request for appraisal), investigation reports ( telephone conversations with victims), and investigation reports (on-site investigations)-related Acts and subordinate statutes;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of being punished before committing the instant crime).